PEOPLE v. BUTTS


178 Misc.2d 531 (1998)

679 N.Y.S.2d 560

The People of the State of New York, Plaintiff, v. Antowine Butts, Defendant.

Supreme Court, Kings County.

October 19, 1998


Attorney(s) appearing for the Case

Bruce A. Barket, Garden City, for defendant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Katherine Rice of counsel), for plaintiff.


ALAN D. MARRUS, J.

The issue presented is one of first impression under New York's statutory death penalty provisions. Pursuant to CPL 250.40 (2), the District Attorney has 120 days from the date of the defendant's arraignment on an indictment charging murder in the first degree to serve and file a written notice of intention to seek the death penalty. This period of time can be extended "for good cause shown...

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